Authorization to Act In a Representative Capacity

This is a form which may be used by a registered patent attorney or registered patent agent who is of record to indicate, in writing, that another registered practitioner has authority to take action in a patent application (for example, that the registered patent practitioner may conduct an interview). As indicated in Manual of Patent Examining Procedure (MPEP), Section 713.05, "interviews are not granted to persons who lack proper authority from the applicant or attorney or agent of record in the form of a paper on file in the application." This form is intended to assist applicants in establishing that the patent attorney or patent agent has proper authority to conduct an interview, or take other actions where the patent practitioner is not required to be of record in the patent application.

Office procedures do not permit a power of attorney to be given to a person who is not associated with a Customer Number, if the Power of Attorney for the patent application is specified as a power of attorney to the patent practitioners associated with Customer Number XYX. Use of this form will allow applicants to clearly indicate that the patent practitioner is authorized to take action in a patent application, without changing the list of patent practitioners associated with the patent application. Use of this form does not give the practitioner a power of attorney.

Effective August 24, 2010, practitioners acting in a representative capacity may sign and file an Applicant Initiated Interview Request Form (PTOL-413A) in order to conduct a personal or telephonic interview without also filing a power of attorney or authorization to act in a representative capacity.  See Conducting an Interview with a Registered Practitioner Acting in a Representative Capacity (1357 OG 254, Aug. 24, 2010).